Farmer 'knew' victim could die

2007-09-28 18:41

Grahamstown - An Eastern Cape farmer who was jailed in November 2006 for beating a 15-year-old farm labourer so badly that he later died of his injuries, lost his full bench appeal against both conviction and sentence in the High Court, this week.

Stephanus Cornelius (Fanie) van Aardt, 50, of Clairvoux farm, Somerset East, was found guilty of the murder of Elliot Magabane, 15, in 2006 and sentenced to 12 years in prison.

The trial court found that Van Aardt, who weighed 100kg, had beaten Magabane, who weighed 46kg, with a knobkerrie and the flat side of a spade over the alleged theft of R350. Magabane died of 36 hours later from extensive brain damage.

Van Aardt had pleaded not guilty to murder but guilty to assault. He further denied he had any legal duty to obtain medical assistance for Magabane, who was employed by him.

In a 30-page judgment hand down this week, Judge Jeremy Pickering, sitting with Judges Frank Kroon and Nambitha Dambuza, found that Van Aardt did form the requisite intent to kill Magabane, and he could have reasonably seen that his actions would cause the victim's death.

He also did not seek medical help for the victim to avoid involving the police.

Pickering said the trial court's findings were correct given the seriousness of the offence and the reasonable and legitimate expectations of the community.

- SAPA